List of United States Supreme Court cases, volume 209


This is a list of cases reported in volume 209 of United States Reports, decided by the Supreme Court of the United States in 1908.

Justices of the Supreme Court at the time of volume 209 U.S.

The Supreme Court is established by Article III, Section 1 of the Constitution of the United States, which says: "The judicial Power of the United States, shall be vested in one supreme Court...". The size of the Court is not specified; the Constitution leaves it to Congress to set the number of justices. Under the Judiciary Act of 1789 Congress originally fixed the number of justices at six. Since 1789 Congress has varied the size of the Court from six to seven, nine, ten, and back to nine justices.
When the cases in volume 209 were decided the Court comprised the following nine members:
PortraitJusticeOfficeHome StateSucceededDate confirmed by the Senate
Tenure on Supreme Court
Melville FullerChief JusticeIllinoisMorrison Waite


July 4, 1910
John Marshall HarlanAssociate JusticeKentuckyDavid Davis


October 14, 1911
David Josiah BrewerAssociate JusticeKansasStanley Matthews


March 28, 1910
Edward Douglass WhiteAssociate JusticeLouisianaSamuel Blatchford


December 18, 1910
Rufus W. PeckhamAssociate JusticeNew YorkHowell Edmunds Jackson


October 24, 1909
Joseph McKennaAssociate JusticeCaliforniaStephen Johnson Field


January 5, 1925
Oliver Wendell Holmes Jr.Associate JusticeMassachusettsHorace Gray


January 12, 1932
William R. DayAssociate JusticeOhioGeorge Shiras Jr.


November 13, 1922
William Henry MoodyAssociate JusticeMassachusettsHenry Billings Brown


November 20, 1910

Notable Case in 209 U.S.

''Ex parte Young''

In Ex parte Young,, the Supreme Court held that suits in federal courts for injunctions against individual officials acting on behalf of states of the union may proceed despite the State's sovereign immunity, when the State acted contrary to any federal law or contrary to the Constitution. This ruling evaded the problem of the Eleventh Amendment, which prohibits states from being sued in federal court by citizens of other states.

Citation style

Under the Judiciary Act of 1789 the federal court structure at the time comprised District Courts, which had general trial jurisdiction; Circuit Courts, which had mixed trial and appellate jurisdiction; and the United States Supreme Court, which had appellate jurisdiction over the federal District and Circuit courts—and for certain issues over state courts. The Supreme Court also had limited original jurisdiction. There were one or more federal District Courts and/or Circuit Courts in each state, territory, or other geographical region.
The Judiciary Act of 1891 created the United States Courts of Appeals and reassigned the jurisdiction of most routine appeals from the district and circuit courts to these appellate courts. The Act created nine new courts that were originally known as the "United States Circuit Courts of Appeals." The new courts had jurisdiction over most appeals of lower court decisions. The Supreme Court could review either legal issues that a court of appeals certified or decisions of court of appeals by writ of certiorari.
Bluebook citation style is used for case names, citations, and jurisdictions.

List of cases in volume 209 U.S.

Case NamePage & yearOpinion of the CourtConcurring opinionDissenting opinionLower CourtDisposition
White-Smith Music Publishing Company v. Apollo CompanyDayHolmesnone2d Cir.affirmed
Dun v. Lumbermen's Credit AssociationMoodynonenone7th Cir.affirmed
Venner v. Great Northern Railroad CompanyMoodynonenoneC.C.S.D.N.Y.affirmed
Battle v. United StatesHolmesnonenoneC.C.S.D. Ga.affirmed
United States v. ThayerHolmesnonenoneN.D. Tex.reversed
O'Reilly de Camara v. BrookeHolmesnonenoneS.D.N.Y.affirmed
Smith v. RaineyHolmesnonenoneSup. Ct. Terr. Ariz.reversed
Armour Packing Company v. United StatesDaynoneBrewer8th Cir.affirmed
Chicago, Burlington and Quincy Railroad Company v. United StatesDaynonenone8th Cir.affirmed
Bosque v. United StatesFullernonenonePhil.affirmed
Hallowell v. United StatesHarlannonenone8th Cir.dismissed
Interstate Commerce Commission v. Chicago Great Western Railway CompanyBrewernonenoneC.C.N.D. Ill.affirmed
Ex parte YoungPeckhamnoneHarlanC.C.D. Minn.habeas corpus denied
Hunter v. WoodPeckhamnoneHarlanC.C.W.D.N.C.affirmed
General Oil Company v. CrainMcKennaHarlanMoodyTenn.affirmed
Dotson v. MillikenHolmesnonenoneD.C. Cir.affirmed
Hutchins v. MunnMoodynonenoneD.C. Cir.affirmed
Asbell v. KansasMoodynonenoneKan.affirmed
Thomas v. IowaMoodynonenoneIowadismissed
Lipphard v. HumphreyFullernonenoneD.C. Cir.affirmed
McCabe and Steen Construction Company v. WilsonBrewernonenoneSup. Ct. Terr. Okla.affirmed
Garzot v. De RubioWhitenonenoneD.P.R.reversed
United States Fidelity and Guaranty Company v. United States ex rel. Struthers Wells CompanyPeckhamnonenone2d Cir.affirmed
National Life Insurance Company v. National Life Insurance CompanyPeckhamnonenone7th Cir.affirmed
Allemannia Fire Insurance Company v. Firemen's Insurance Company ex rel. WolfePeckhamnonenoneD.C. Cir.affirmed
United States v. Cerecedo Hermanos y CompañiaMcKennanonenoneD.P.R.reversed
Thompson v. KentuckyMcKennanonenoneKy.affirmed
Hudson County Water Company v. McCarterHolmesnonenoneN.J.affirmed
Yazoo and Mississippi Valley Railroad Company v. City of VicksburgDaynonenoneC.C.S.D. Miss.affirmed
Richardson v. ShawDayHolmesnone2d Cir.affirmed
Thomas v. TaggartDaynonenone2d Cir.affirmed
Beadles v. SmyserDaynonenoneSup. Ct. Terr. Okla.reversed
Ware and Leland v. Mobile CountyDaynonenoneAla.affirmed
Longyear v. ToolanMoodynonenoneMich.affirmed
Stickney v. KelseyMoodynonenoneN.Y. County Sur. Ct.dismissed
Shawnee Compress Company v. AndersonMcKennanonenoneSup. Ct. Terr. Okla.affirmed
Ex parte NebraskaFullernonenoneC.C.D. unspecifiedmandamus denied
United States v. Chandler-Dunbar Water Power CompanyHolmesnonenone6th Cir.affirmed
Liu Hop Fong v. United StatesDaynonenoneD. Neb.reversed
Bogard v. SweetHarlannonenoneSup. Ct. Terr. Okla.affirmed
Lang v. New JerseyMcKennanonenoneN.J.affirmed
Central Railroad Company of New Jersey v. Jersey CityHolmesnonenoneN.J.affirmed
Scully v. BirdMcKennanonenoneC.C.E.D. Mich.reversed
In re MooreBrewernoneFullerC.C.E.D. Mo.mandamus denied
Virginia v. West VirginiaFullernonenoneoriginalreferred to special master